Article 371 and Coal Mining in Meghalaya

February 12, 2025

In Meghalaya, discussions have emerged concerning the potential application of Article 371 of the Constitution of India to resume rat-hole coal mining. This comes as the state prepares for elections. The Voice of the People Party (VPP) has proposed this change, drawing parallels with Nagaland, where similar provisions exist.

About Article 371

Article 371 provides special powers to specific northeastern states in India.
These powers include autonomy over land and resources.
The article allows for local customs and laws to prevail.
For instance, Nagaland benefits from Article 371A, which protects its land and resources from central legislation.
This has implications for governance and resource management.

Impact on Coal Mining

Coal mining in Meghalaya has faced a ban since April 2014 due to environmental concerns.
The National Green Tribunal (NGT) imposed this ban, which was upheld by the Supreme Court.
The VPP argues that Article 371 could allow for a resumption of mining activities, similar to Nagaland, where the NGT cannot intervene due to local laws.
This raises questions about environmental regulations and local governance.

Sixth Schedule vs. Article 371

Meghalaya operates under the Sixth Schedule of the Constitution, which empowers autonomous councils to govern local affairs. However, there are conflicting views on the compatibility of Article 371 and the Sixth Schedule. Some political leaders argue that these two provisions cannot coexist effectively. This debate marks the complexity of governance in tribal areas and the balance between local autonomy and national regulations.

Electoral Context

The upcoming elections for the Khasi Hills Autonomous District Council (KHADC) and the Jaintia Hills Autonomous District Council (JHADC) are very important. The VPP’s focus on Article 371 may influence voter sentiment. The councils have a low representation of women candidates, despite a higher number of female voters. This discrepancy raises concerns about gender representation in local governance.

Recent Developments

Recently, the Coal Controller signed agreements for scientific coal mining at three sites in Meghalaya. The Chief Minister stated that these agreements aim to boost the economy and create jobs. However, the ongoing debate about Article 371 and mining practices continues to dominate political discussions. The outcome of the elections may impact the future of coal mining and local governance in the state.

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